Justice Thomas was first out of the gate to question Scott Stewart in the Dobbs hearing.
Stewart went straight for Roe and called for it and Casey to be overturned. Thomas is using his questions to amplify the challenge points.
Many of us are waiting to hear from Chief Justice Roberts and Justice Kavanaugh who pro-choice advocates hope to lure over toward the left of the Court to preserve Roe.
Breyer is hitting stare decisis rather than the merits for the basis of Roe. He is suggesting that the integrity of the Court is at stake in supporting its precedent.
...Notably, however, Breyer has voted to overturn precedent and would clearly do so on core cases like Heller and Citizen's United.

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More from @JonathanTurley

1 Dec
The oral argument in Dobbs was the fascinating and edifying. It was civil and substantive. The counsel on both sides served their causes and clients well...
...The questions certainly seemed to support the right of states to set the earlier line for such laws. Indeed, the very viability standard seemed to have few supporters on the Court...
...For pro-choice advocates, the oral argument probably will be read as now hoping to minimize any losses. What was striking however is that the pro-choice side did not offer alternatives if the Court were to drop the emphasis on viability. That leaves a steep cliff problem.
Read 4 tweets
1 Dec
Chief Justice Roberts just hit the state with a tough question. He noted that the case was accepted to consider pre-viability lines but the state then pushed in briefing to overturn Roe. The suggestion is that they exceeded the original question.
...I think that the broader question is implied but it is interesting that Roberts is flagging the question of whether the broader issue is fairly before the Court. Frankly, I think it is hard to discuss the basis of viability without discussing the viability of Roe itself.
...However, the original question from Roberts now takes on a different patina. When he asked about viability it followed questions from Sotomayor and could be viewed as questioning what remained from the Roe...
Read 5 tweets
26 Nov
He who must not be named. It appears the W.H.O. has skipped the next Greek letter after Nu to name the new variant. The next letter is Xi. The concern is that W.H.O. is again avoiding any discomfort for the Chinese government. So they named it Omicron...
...The new variant was expected to be Nu but any additional variant would then be Xi, which happens to be the name of the Chinese leader...
...It is not clear if there is another reason for the decision to skip over Nu and Xi, but W.H.O.'s history with the investigation into the origins of the pandemic has fueled speculation as to a political motive.
Read 7 tweets
23 Nov
The Arbery jury just told the judge that they want to continue to deliberate and may be close to a verdict. If the defense was hoping for a hung jury, a fast verdict is obviously not a good sign...
thehill.com/opinion/crimin…
...The jury has only been out six hours on a nine count, three defendant case. While it is very difficult to predict a jury, but I am sure the defense was hoping for a longer deliberation.
...I am particularly interested if there is a compromise verdict for Bryan and Greg McMichaels who did not pull a trigger. That could make the false imprisonment counts as a tempting compromise if there is a division on the jury...
Read 5 tweets
18 Nov
The seriousness of this incident cannot be overstated. It is not simply because the police suspected MSNBC was trying to take their pictures. If the jurors believed that they were being followed, it could add to their unease about voting in the case. jonathanturley.org/2021/11/18/msn…
MSNBC was the subject of an exceptionally rare ban from the courtroom of a high-profile case but it does not appear to have a headline on the development. Various media figures have reported that the network has not responded to calls for statements.
...NBC just released a statement: “Last night, a freelancer received a traffic citation. While the traffic violation took place near the jury van, the freelancer never contacted or intended to contact the jurors during deliberations, and...
Read 7 tweets
17 Nov
Over in the Arbery trial, defense counsel has succeeded in a creative framing using alleged shooter Travis McMichael's Coast Guard training. Since he was trained in law enforcement, counsel is allowed to go through his training...
...The result is that McMichael almost sounds like an expert witness in front of the jury on when to properly use force etc. It is a very effective technique by Jason Sheffield.
...I am a little surprised by the laughing in the exchanges. That is never a good idea in a trial of this magnitude. Indeed, the prosecutor could make reference to the fact that the accused was laughing on the stand...
Read 9 tweets

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